Legalized marijuana leaves Logan County officials hazy on next steps

Officials debating affects of Amendment 64

STERLING -- Nobody thought it would pass - especially in northeast Colorado - but it did.

And now that the state has voted to legalize recreational marijuana, officials are catching up on their homework to figure out what it means for Logan County.

The law won't take effect until Gov. John Hickenlooper issues a proclamation certifying the vote for Amendment 64, which will likely not happen until December. It doesn't legally have to happen until Jan. 5.

"It's just so early. I don't know how it's going to shake out," said Brittny Lewton, who was elected district attorney for District 13 on Tuesday. "We're charged with enforcing how the law is set out, but we're doing business as usual until things are a little less murky."

Amendment 64 allows those 21 and older to purchase up to one ounce of marijuana from regulated retail stores or to possess and use it. It's also legal to grow up to six plants - three mature - in an enclosed location as long as it isn't sold.

Otherwise, it's still illegal to use or consume marijuana in public or "in a manner that endangers others," or to sell it without a permit. It's illegal to sell or provide it to anyone under the age of 21, and it remains illegal to drive under the influence of marijuana.

But since marijuana possession or sale under any conditions remains illegal under federal law, offenders could still be "federally prosecuted.

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Sterling Police Department Major Tyson Kerr said law enforcement needed some direction from Colorado Attorney General John Suthers before they take action on the law.

"Until then it's kind of a waiting game," he said. "We're gathering information just like anyone else."

He and Lewton agreed that no matter what happens, their jobs become more difficult.

Since the state's medical marijuana laws have already presented police and prosecutors a challenge, they said, they've at least had experience dealing with it.

"But from a prosecutor's standpoint," Lewton said, "(Amendment 64) just makes it more complicated."

Logan County Attorney Alan Samber said the he and other attorneys found themselves "playing catch-up" as well, as few expected the amendment to pass.

He was even surprised by the amount of support it received from Logan County, which only had about 43.5 percent vote in favor of the amendment (3,879 votes to 5,040). In comparison, nearly 55 percent of Coloradans voted for the amendment statewide.

"I don't know if we're well prepared to deal with it," Samber said. "It came up pretty fast. There wasn't a whole lot of advertising until last summer."

Logan County Commissioner Jim Edwards was none too pleased about the results. He came out strongly against medical marijuana dispensaries in the county in the past, and said he'd continue to take a stand against recreational marijuana dispensaries now.

"I was disappointed. The entire election disappointed me," Edwards said, adding that he was also disappointed in Colorado voters. "I would take the position of resisting (recreational marijuana) if at all possible. I personally do not feel legalization will make things any better. It will make things worse."

Amendment 64 allows cities or counties to prohibit the construction or operation of recreational marijuana facilities. And even though Sterling and Logan County have prohibited the construction of medical marijuana dispensaries, they would have to take action to prohibit recreational sales or construction as well.

Commissioners also approved a resolution on Aug. 28 opposing Amendment 64, and Edwards said the commissioners would likely discuss the issue at their next work session.

City Manager Joe Kiolbasa said the Sterling City Council might also address the issue at their meeting Tuesday, but doesn't see there being much open discussion.

He couldn't speak for the council on how they would react to the amendment, but noted that the council spoke almost universally against keeping medical marijuana dispensaries in 2010. At a July 14 meeting that year, the city council voted 5-1 to keep them out of the city.

The city and county would maintain the right to create policies restricting the use of marijuana by employees. Employers, schools and other entities would also keep the right to prohibit or regulate the possession, consumption or handling of marijuana on their property.

But Kiolbasa said one of the biggest challenges he sees is how he would regulate use in his employees. With alcohol, there's a set limit as to when a person is officially intoxicated, whereas there's no set limit or test that he knows of that could accurately measure the same levels in someone who's smoked marijuana.

"It's basically the same now as going home and having a beer," he said. "But I don't know how we're going to go about enforcing (regulations)... And the question could be moot from a federal perspective."

Still, he noted that this amendment was more revenue-positive than the issue with medical marijuana, as the state would have to impose up to a 15 percent excise tax on the product by Jan 1., 2017.

Though the tax would have to be approved by a separate statewide vote, the amendment dictates that the first $40 million in revenue from the tax would go straight to the Public School Capital Construction Assistance Fund.

Kiolbasa looked at the amendment as a "trial run" on marijuana legalization. And even if the city or county voted to allow the dispensaries, it would still take time to determine exactly where they would go and how they would be regulated.

But with a different city council and increased state (but not necessarily county) support, Amendment 64's future is still up in smoke.

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